Introduction: Locating judicial politics

Mark Dawson*, Bruno de Witte, Elise Muir

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

The Court inhabits a ‘political space’ to which it is called upon to respond. This points to its need to develop cooperative relationships not only with courts but also with political actors (such as national governments and the EU legislature) and even to directly address and explain decisions to EU citizens themselves. This book is aimed at answering the question of ‘How does the CJEU position itself as a political as well as a legal actor?’ with a view to better understanding the work of the Court and addressing its contestation. For that purpose, we explore in this introductory chapter what is meant by judicial ‘activism’ and judicial ‘politics’, before examining the different varieties of judicial politics our authors have shown an interest in. This will pave the way to drawing some lessons on the factors to take into account when seeking to address and respond to contestation of the work of the Court.
Original languageEnglish
Title of host publicationRevisiting Judicial Politics in the European Union
EditorsMark Dawson, Bruno de Witte, Elise Muir
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Pages1-16
Number of pages16
ISBN (Electronic)9781035313518
ISBN (Print)9781035313501
DOIs
Publication statusPublished - 12 Mar 2024

Keywords

  • Court of Justice of the EU
  • judicial ‘activism’
  • judicial ‘passivism’
  • judicial politics

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